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Court hears appeal over state's objections

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A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.

Danny Holloway was charged with six felonies and agreed to plead guilty to Class B felony burglary and to waive his right to appeal, with the state agreeing to drop the other charges. But although Holloway signed the agreement, at his combined guilty plea and sentencing hearing, the judge told Holloway at least twice that he would be able to appeal, and the state did not object.

The appeals court cited Bonilla v. State, 907 N.E.2d 586 (Ind. Ct. App. 2009), in its decision to hear Holloway’s appeal: “This advisement occurred . . . before Bonilla received the benefit of his bargain. . . . In light of the contradictory and confusing information Bonilla received at his guilty plea hearing . . . we conclude that he did not waive the right to appeal his sentence.” The court held that Holloway, similarly, did not knowingly and intelligently waive his right to appeal.

In July of 2010, Holloway broke into the home of a woman who knew him. She was on a mattress on the floor, sleeping with her three children and woke up when Holloway tried to remove her jeans. She saw Holloway kneeling at her side, and he then fled.

In Danny Holloway v. State of Indiana, No. 49A05-1011-CR-703, Holloway appealed his sentence as inappropriate. As part of his plea agreement, Holloway’s initial executed sentence would be capped at 10 years. The trial court sentenced him to 16 years with 10 years executed, six years suspended, and five years of probation. The appeals court held that because his burglary was not demonstrably less egregious than a “typical” burglary – and because of his criminal background – the sentence was appropriate.

Holloway’s record includes three juvenile offenses, fifteen adult convictions, and three probation revocations.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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